Appellate Division: Second Judicial Department

M69241

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2007-07270 Aviva Davidson, respondent, v Irvin Davidson, appellant. (Index No. 05-5383)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Rockland County, dated June 8, 2007, to strike the record on appeal and the appellant's brief on the ground that they contain or refer to matter dehors the record and on the ground that the record on appeal is inadequate, for leave to serve and file a supplemental record, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike the appellant's brief is granted and on or before May 8, 2008, the appellant shall serve and file a replacement brief that complies with the rules of the court (see 22 NYCRR 670.10.3 [g][2][iv]) and does not refer to matter dehors the record; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is granted, and on or before May 8, 2008, the respondent shall serve and file a supplemental record containing the respondent's inquest Exhibits 3, 4, and 5; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until June 9, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

FISHER, J.P., COVELLO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court